IPwars.com

Mainly intellectual property (IP) issues Down Under

EIFY: terms of use

Clickwrap terms held enforceable, but no compensable loss for breach

The penalty for contempt

Previously, I had noted that the remedy for breaching an injunction is proceedings for contempt of court. Tracey J, having found various respondents in contempt arising from breaches of injunctions made in 2004 not to infringe Ugg Australia’s copyright and trade marks in connection with the manufacture and sale of ugg boots, has now handed down the punishments: One of the individual respondents, a Mr Vladimir Vaysman, was sentenced in.. Read More

Damages for breach of franchise agreement

Howard’s Storage World (HSW) granted Haviv a franchise to operate an Howard’s Storage World retail outlet at Burwood in Sydney. The terms of the franchise included a grant of an exclusive territory for a radius of 5km. Subsequently, HSW granted someone else an franchise to operate an Howard’s Storage World franchise at a new shopping centre at Rhodes, approximately 4,840m from Haviv’s Burwood store. The breach of the contractual exclusivity promise was.. Read More

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